CED - Documentation & E Library
Data Information Knowledge and Solidarity of HRD

Human Rights Defenders Data Information Knowledge Solidarity

HRDs  must counter State's offensive of intimidating ordinary people, from expressing their opinion on social media or on various issues .  Lawyers as well as Journalists, and youtubers bring these cases up in the public eye in order to youth to feel more secure speaking out.. This series we will document  case law  as well as reports through links to documents, reports from various websites and Blogs and Posts of HRDs. This is also an attempt to publicise all the dirty tricks State  have been using. This is a contributory effort..

Supreme Court PMLA Order Has Major Flaws

Supreme Court PMLA Order Has Major Flaws, Issue Deserved More Serious Consideration—Justice Lokur https://youtu.be/PpY6QG-_pV8?t=80  Aug 1, 2022 Support The Interview with Karan Thapar - https://fij.mojo.page/support-the-int...
In a wide-ranging interview, one of the most illustrious former judges of the Supreme Court has said he is “disappointed” that the Supreme Court did not give “more serious consideration” to many of the amendments of the Prevention of Money Laundering Act which it has recently upheld. Justice Madan Lokur says these amendments should have been looked at in a larger context by a larger bench. He said perhaps they could have been referred to a 7-judge bench. In the interview Justice Lokur made clear he has serious reservations with the Court’s judgement thus suggesting it has major flaws. Speaking generally about the Supreme Court, he said “it seems to be accepting what the executive wants it to accept”. The impression has been created “the Court is partial to the government”.

 

Why Is Fact-Checker M Zubair's Bail Order Significant?

Why Is Fact-Checker M Zubair's Bail Order Significant? Justice Madan Lokur Says. https://www.youtube.com/watch?v=BUIOM5fZLT0  Jul 27, 2022 The bail order of fact-checker Mohammed Zubair is very important, but in a sense, it is a reiteration of what has already been said, former Supreme Court judge, Justice Madan Lokur (retd) said. "What I think is very important is the fact that the Supreme Court has said that you (the government) have to explain why continued detention or custody is necessary. The other important thing is that the court said that investigation has to take place first and later arrest should be made," he said.

Slew of important directions by SC on Bail and Arrests

The Supreme Court on Monday urged the Centre to frame a law to restrain investigating agencies from arresting the accused unnecessarily saying that indiscriminate arrests reflect a colonial mindset and create the impression of a "police state". ..ruled that the regular bail application of an accused had to be decided normally within two weeks and anticipatory bail within six weeks.- https://timesofindia.indiatimes.com/india/indiscriminate-arrests-create-impression-of-police-state-supreme-court/articleshow/92812828.cms  12 Jul 2022

SC Tells Centre to Enact Law to Stop 'Unnecessary' Arrests, Creation of a 'Police State' https://thewire.in/law/sc-tells-centre-to-enact-law-to-stop-unnecessary-arrests-creation-of-a-police-state 12 Jul 2022

The arrest can be considered a “necessity” only when it is observed that it can prevent the person concerned from committing another offence, for carrying out proper investigation and to prevent the person concerned from tampering with evidence or threatening witnesses, the court stated.

They also said all states and Union territories to ensure strict compliance with Section 41 and 41A of the CrPC on the process to be adopted before arresting people.

The court also sought affidavits/status reports from state governments and administrations in Union territories to demonstrate their compliance in the next four months.

Separate Bail Application Not To Be Insisted When Accused Is Before Magistrate Under Sections 88,170, 204, 209 CrPC: Supreme Court LIVELAW  https://www.livelaw.in/top-stories/supreme-court-separate-bail-applications-sections-88-170-204-209-crpc-satender-kumar-antil-vs-central-bureau-of-investigation-2022-livelaw-sc-577-203494

There need not be any insistence of a bail application while considering the application under Section 88, 170, 204 and 209 of the Code", a bench comprising Justices SK Kaul and MM Sundresh ordered.

Accused Entitled To Bail If Arrest Was In Breach Of Sections 41, 41A CrPC : Supreme Court Ashok KM 11 July 2022 https://www.livelaw.in/top-stories/supreme-court-41a-crpc-non-compliance-bail-satender-kumar-antil-vs-central-bureau-of-investigation-2022-livelaw-sc-577-203486 Slew of important directions  ..

ENACT BAIL ACT- Landmark Judgement Of Supreme Court- Guidelines-Warns Police Against Illegal Arrest https://www.youtube.com/watch?v=mvDjz2HV3fE  Jul 12, 2022 Satender Kumar Antil vs Central Bureau Of Investigation |

Mukul Rohatgi Talks About The SC Judgement On Bail: 'Courts Have Forgotten Jail Is An Exception India today YT channel ' https://www.youtube.com/watch?v=lgSViwl-FhY  Jul 12, 2022 The Supreme Court on Monday directed the Centre to consider framing new legislation on bail to streamline the release of accused in criminal cases noting that the Code of Criminal Procedure as it exists today is a continuation of the pre-independence era with its modifications

  1. "Who Is Guiding SC?": Arvind Sawant Questions Judiciary
  2. Prashant Bhushan, कहा- जमानत खारिज करने का कोई आधार
  3. Another CAA protester gets Bail
  4. Natasha Narwal - Salute
  5. Default Bail: a fundamental right
  6. 'Bail is rule,Jail exception'– Why SC verdicts in UAPA/PMLA cases underlining this, are significant
  7. Deaths in Police Custody Rose Sharply Over Last Three Years, Rajya Sabha Told
  8. Death of Dalit Man in Police Custody Feb2022
  9. Letter to ADG Prisons
  10. the ‘anda cell’ is used to discipline prison inmates

Subcategories

BAIL

For UAPA articles under

Rights in Custody

UAPA

BK16

Stan Swamy Amar Rahe

UAPA - Umar Khalid

UAPA - Newsclick

H R violations documentation

bulldozer

Public Security Bill Maharashtra

Manipur Violence

Free Speech

  Ban on films, documentaries by Government e.g documentary on PM by BBC. Debate on censorship, opinion, statements by media people, leaders, screening of film on Modi at universities etc. 

Corporate Behaviour and Free Speech

In a defamation case against Paranjoy Thakurta,  a  court has order, issued on September 6, directed the removal of defamatory content from their respective articles and social media posts within five days. In the suit filed by Adani Enterprises Ltd, seen by HT, the allegedly defamatory material includes transcripts of YouTube videos, screenshots of X posts by journalists, and images of their X profiles.https://www.msn.com/en-in/news/India/mib-issues-takedown-notices-to-13-digital-news-publishers-over-adani-defamation-case/ar-AA1MIjBR 

Based on this,  The ministry of information and broadcasting (MIB) on Tuesday issued takedown notices to 13 digital news publishers on YouTube and Instagram for disseminating defamatory content related to Adani Enterprises Ltd.The ministry’s order names journalists, media houses, and creators — including Newslaundry, Ravish Kumar, Dhruv Rathee, The Wire, HW News Network, and Aakash Banerjee’s The Deshbhakt — who have received a list of 138 YouTube video URLs and 83 Instagram links to be taken down.

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